Fontaine Bleau Swimming Pool Corp. v. Aquarama Swimming Pool Corp.

These are five motions and cross motions, all of which involve the same point, viz.: Does the fact that a contractor disputes the validity or amount of a subcontractor’s or a materialman’s claim, justify his refusal to furnish a verified statement showing the disposition of trust funds which he has received from the owner of property in connection with a real property improvement?

The question comes up in various ways. In each instance the subcontractor or materialman has served a demand for a statement pursuant to section 76 of the Lien Law.

In Fontaine Bleau Swimming Pool Corp., petitioner,…